Class Deviation 2021-O0003 - Prohibition Against Using Fiscal Year 2021 Funds to Maintain or Establish a Computer Network Unless Designed to Block Access to Certain Websites

Status: Active

Date Issued: 2021-04-02

Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting

Scope: All DoD contracting officers

Applies to DAF/Air Force: Yes

Authority: Section 8116, Division C, Title VIII, of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260)

Summary

This deviation prohibits using FY2021 Department of Defense funds to maintain or establish a computer network unless it blocks access to pornography websites. Contracting Officers must include a new representation provision in all solicitations using those funds. The prohibition excludes law enforcement, criminal adjudication activities and activities necessary for national defense including intelligence.

Required Contracting Officer Actions

Include provision 252.239-7098 (Deviation 2021-O0003) in all solicitations using FY2021 funds appropriated by Pub. L. 116-260, including commercial (Part 12) solicitations.
Do not use FY2021 funds to enter contracts that maintain or establish a computer network unless the network blocks access to pornography websites.

Affected Provisions and Clauses

252.239-7098, (Clause)

Change type: MODIFIED
Action: Modify clause 252.239-7098

Notes

Exemptions: The prohibition does not apply to funds used by law enforcement agencies or entities carrying out criminal investigations, prosecution or adjudication. It also does not apply to activities necessary for national defense including intelligence.

Effective Period: This deviation remains in effect until incorporated into the DFARS or otherwise rescinded.

Point of Contact: Lt Col Bryan Lamb can be reached at 703-693-0497 or bryan.d.lamb.mil@mail.mil.